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CHAPTER 506
ARRANGEMENT OF SECTIONS
1 - Short title.
2 - Interpretation.
3 - Appointment of Registrar and other officers.
Section
21 - Opposition to registration.
22 - Registration.
23 - Duration and renewal of registration.
24 - Registration of part of trade mark and of trade marks as
a series.
Section
Part VIIA - Collective Trade Marks
40B - Marks registered under the Banjul Protocol and the Madrid
Convention and Protocol.
40C - Rules regarding regional and international applications.
40D - Applications for registration of marks under the Banjul
Protocol.
Section
58C - Forgery of registered trade mark.
58D - Prohibition of forgery of registered trade mark.
58E - Prohibition of sale or importation of goods or
performance of services with forged registered trade mark.
58F - Aiding and abetting offence.
58G - Evidence.
58H - Forfeiture of goods.
59 - Restraint of registration and use of Olympic symbol.
Schedules.
6 CAP. 506 Trade Marks [Rev. 2009
Short title. 1. This Act may be cited as the Trade Marks Act.
Interpretation. 2. (1) In this Act, except where the context otherwise requires -
7 of 1990,
5 of 1994, “a convention country” means a country, other than Kenya, that
4 of 2002, is party to the Paris Convention;
7 of 2007.
“appointed day” means the 1st January, 1957;
section 3;
The Register
The register of trade 4. (1) There shall continue to be kept at the office of the Registrar
marks. of Trade Marks for the purposes of this Act the record called the register
7 of 2007. of trade marks, wherein shall be entered all registered trade marks with
the names, addresses and descriptions of their proprietors, notifications
of assignments and transmissions, the names, addresses and descriptions
of all licensees, disclaimers, conditions, limitations, and such other
matters relating to registered trade marks as may be prescribed.
(2) The register shall continue to be divided into two parts called
respectively Part A and Part B.
(3) The register shall be kept under the control and management of
the Registrar and shall at all convenient times be open to the inspection
of the public, subject to such regulations as may be prescribed.
Right given by 7. (1) Subject to the provisions of this section, and of sections
registration in Part 10 and 11, the registration (whether before or after 1st January, 1957)
Rev. 2009] Trade Marks CAP. 506 11
of a person in Part A of the register as the proprietor of a trade mark A and infringement
if valid gives to that person the exclusive right to the use of the trade thereof.
mark in relation to the goods or in connection with the provision of any 5 of 1994,
services and without prejudice to the generality of the foregoing that 4 of 2002,
7 of 2007.
right is infringed by any person who, not being the proprietor of the
trade mark or a registered user thereof using by way of permitted use,
uses a mark identical with or so nearly resembling it as to be likely to
deceive or cause confusion in the course of trade or in connection with
the provision of any services in respect of which it is registered, and in
such manner as to render the use of the mark likely to-
(ii) neither the purpose nor the effect of the use of the trade
mark is to indicate otherwise than in accordance with the
fact that there is a connection in the course of business be-
tween any person and the provision of those services.
(4) The use of a registered trade mark, being one of two or more
registered trade marks that are identical or nearly resemble each other,
in exercise of the right to the use of that trade mark given by registration
as aforesaid, shall not be deemed to be an infringement of the right so
Rev. 2009] Trade Marks CAP. 506 13
(2) In any action for infringement of the right to the use of a trade
mark given by registration in Part B of the register, otherwise than by
an act that is deemed to be an infringement by virtue of section 9, no
injunction or other relief shall be granted to the plaintiff if the defendant
establishes to the satisfaction of the court that the use of which the
plaintiff complains is not likely to deceive or cause confusion or to be
taken as indicating a connexion in the course of trade between the goods
and some person having the right either as proprietor or as licensee to
use the trade mark or in respect of services that a person having the right
either as proprietor or as licensee to use the trade mark is connected in
the course of business with the provision of the services.
Infringement by
9. (1) Where, by a contract in writing made with the proprietor or
breach of certain
a licensee of a registered trade mark, a purchaser or owner of goods or restrictions.
a person performing the services, enters into an obligation to the effect 5 of 1994,
that he will not do, in relation to the goods or services, an act to which 7 of 2007.
this section applies, any person who, being the owner for the time being
of the goods or the person performing the services and having notice
of the obligation, does that act, or authorizes it to be done, in relation
to the goods or services, in the course of trade, or with a view to any
dealing therewith in the course of trade thereby infringes the right to
the use of the trade mark given by the registration thereof, unless that
person becomes the owner of the goods by purchase for money or
money’s worth or performs the services in good faith before receiving
notice of the obligation or by virtue of a title claimed through another
person who so became the owner thereof.
(a) the application of the trade mark upon the goods after
they have suffered alteration in any manner specified in
the contract as respects their state or condition, get-up or
packing;
(b) in a case in which the trade mark is upon the goods, the
alteration, part removal or part obliteration thereof;
14 CAP. 506 Trade Marks [Rev. 2009
(c) in a case in which the trade mark is upon the goods, and
there is also thereon other matter, being matter indicating a
connexion in the course of trade between the proprietor or
registered user and the goods, the removal or obliteration,
whether wholly or partly, of the trade mark unless that other
matter is wholly removed or obliterated;
(d) in a case in which the trade mark is upon the goods, the
application of any other trade mark to the goods;
(e) in a case in which the trade mark is upon the goods, the
addition to the goods of any other matter in writing that is
likely to injure the reputation of the trade mark.
whichever is the earlier, or to object (on such use being proved) to that
person being put on the register for that identical or nearly resembling
trade mark in respect of those goods under subsection (2) of section
15.
Saving for use of 11. No registration of a trade mark shall interfere with -
name, address or
description of goods. (a) any bona fide use by a person of his own name or of the
name of his place of business, or of the name, or of the
name of the place of business, of any of his predecessors
in business; or
Rev. 2009] Trade Marks CAP. 506 15
(b) the use by any person of any bona fide description of the
character or quality of his goods, not being a description that
would be likely to be taken as importing any such reference
as is mentioned in paragraph (b) of subsection (1) of section
7, or in paragraph (b) of subsection (3) of section 40.
12. (1) In order for a trade mark (other than a certification trade Distinctiveness
mark) to be registrable in Part A of the register, it must contain or consist requisite for
of at least one of the following essential particulars - registration in Part A.
11 of 1965, s. 2,
5 of 1994.
(a) the name of a company, individual or firm, represented in
a special or particular manner;
Prohibition of 15. (1) Subject to the provisions of subsection (2), no trade mark
registration of shall be registered in respect of any goods or description of goods that
identical and is identical with or nearly resembles a mark belonging to a different
resembling trade proprietor and already on the register in respect of the same goods or
marks. description of goods, or in respect of services, is identical with or nearly
5 of 1994.
resembles a mark belonging to a different proprietor and already on the
register in respect of the same services or description of services.
15A. (1) References in this Act to a trade mark which is entitled Protection of well
known trade marks.
to protection under the Paris Convention or the WTO Agreement as a
4 of 2002.
well known trade mark, are to a mark which is well known in Kenya
as being the mark of a person who-
the Registrar or the court, in deciding whether the trade mark shall be
entered or shall remain on the register, may require, as a condition of
its being on the register
(i) that the proprietor shall disclaim any right to the exclusive
use of any part of the trade mark, or to the exclusive use of
all or any portion of any such matter, to the exclusive use
of which the tribunal holds him not to be entitled; or
Words used as name 18. (1) The registration of a trade mark shall not be deemed to
or description of an have become invalid by reason only of any use, after the date of the
article or substance. registration, of a word or words which the trade mark contains, or of
5 of 1994, s.12, which it consists, as the name or description of an article or substance
7 of 2007. or of some activity:
(b) if the trade mark contains that word or those words and
other matter, the court or the Registrar, in deciding whether
the trade mark shall remain on the register, so far as regards
registration in respect of the article or substance in question
and of any goods of the same description or of the activity
in question, may in case of a decision in favour of its
remaining on the register require as a condition thereof that
the proprietor shall disclaim any right to the exclusive use in
relation to that article or substance and any goods of the same
description or of the activity in question, of that word or those
words, so, however, that no disclaimer on the register shall
affect any rights of the proprietor of a trade mark except such
as arise out of the registration of the trade mark in respect of
which the disclaimer is made; and
(ii) if the trade mark contains that word or those words and
other matter, all such rights of the proprietor to the ex-
clusive use of that word or those words in such relation
as aforesaid,
shall be deemed to have ceased on the date at which the use mentioned
in paragraph (i) of the proviso to subsection (1) first became well known
and established, or at the expiration of the period of two years mentioned
in paragraph (ii) of that proviso.
(3) No word which is the commonly used and accepted name of any
single chemical element or single chemical compound, as distinguished
from a mixture, shall be registered as a trade mark in respect of a
chemical substance or preparation, and any such registration in force
at the commencement of this Act or thereafter shall, notwithstanding
anything in section 16, be deemed for the purposes of section 35 to be an
entry made in the register without sufficient cause, or an entry wrongly
remaining on the register, as the circumstances may require:
Effect of limitation 19. (1) A trade mark may be limited in whole or in part to one or
as to colour, and of more specified colours, and in any such case the fact that it is so limited
absence thereof. shall be taken into consideration by the court or the Registrar having to
decide on the distinctive character of the trade mark.
Application for 20. (1) A person claiming to be the proprietor of a trade mark used
registration. or proposed to be used by him who is desirous of registering it shall
apply in writing to the Registrar in the prescribed manner for registration
either in Part A or in Part B of the register.
Rev. 2009] Trade Marks CAP. 506 21
(6) Appeals under this section shall be heard on the materials stated
by the Registrar, and no further grounds of objection to the acceptance
of the application shall be allowed to be taken by the Registrar, other
than those so stated by him, except by leave of the court; and, where
any further grounds of objection are taken, the applicant shall be entitled
to withdraw his application without payment of costs on giving notice
as prescribed.
(7) The Registrar or the court, as the case may be, may at any
time, whether before or after acceptance, correct any error in or in
connexion with the application, or may permit the applicant to amend
his application upon such terms as the Registrar or the court may think
fit.
21. (1) When an application for registration of a trade mark has Opposition to
been accepted, whether absolutely or subject to conditions or limitations, registration.
the Registrar shall, as soon as may be after acceptance, cause the
application as accepted to be advertised in the prescribed manner, and
the advertisement shall set forth all conditions and limitations subject
to which the application has been accepted:
(2) Any person may, within the prescribed time from the date
of the advertisement of an application, give notice to the Registrar of
opposition to the registration.
(4) The Registrar shall send a copy of the notice to the applicant,
and within the prescribed time after receipt thereof the applicant shall
send to the Registrar, in the prescribed manner, a counter-statement of
the grounds on which he relies for his application, and, if he does not
do so, he shall be deemed to have abandoned his application.
(8) On the hearing of an appeal under this section any party may,
either in the manner prescribed or by special leave of the court, bring
forward further material for the consideration of the court.
(10) On an appeal under this section the court may, after hearing
the Registrar, permit the trade mark proposed to be registered to be
modified in any manner not substantially affecting the identity thereof,
Rev. 2009] Trade Marks CAP. 506 23
but in any such case the trade mark as so modified shall be advertised
in the prescribed manner before being registered.
22. (1) When an application for registration of a trade mark in Part Registration.
A or in Part B of the register has been accepted, and either -
(a) the application has not been opposed and the time for notice
of opposition has expired; or
(b) the application has been opposed and the opposition has
been decided in favour of the applicant,
the Registrar shall, unless the application has been accepted in error,
register the trade mark in Part A or Part B, as the case may be, and
the trade mark, when registered, shall be registered as of the date of
the application for registration, and that date shall be deemed for the
purposes of this Act to be the date of registration:
23. (1) The registration of a trade mark shall be for a period of Duration and renewal
ten years, but may be renewed from time to time in accordance with of registration.
24 CAP. 506 Trade Marks [Rev. 2009
5 of 1994, the provisions of this section.
4 of 2002.
(2) The Registrar shall, on application made by the registered
proprietor of a trade mark in the prescribed manner and within the
prescribed period, renew the registration of the trade mark for a period
of ten years from the date of expiration of the original registration or
of the last renewal of registration, as the case may be, which date is in
this section referred to as the expiration of the last registration:
Provided that all the trade marks that were registered or the
registration of which was renewed before the commencement of this
section, shall remain in force until the expiry of the period of registration
or renewal and thereafter, the provisions of this section shall apply.
(4) Where a trade mark has been removed from the register for
non-payment of the fee for renewal, it shall, nevertheless, for the purpose
of any application for the registration of a trade mark during one year
next after the date of the removal, be deemed to be a trade mark that is
already on the register:
Provided that this subsection shall not have effect where the court
or the Registrar is satisfied either-
(i) that there has been no bona fide trade use or business use
of the trade mark that has been removed during the two
years immediately preceding its removal; or
Registration of part 24. (1) Where the proprietor of a trade mark claims to be entitled
Rev. 2009] Trade Marks CAP. 506 25
to the exclusive use of any part thereof separately, he may apply to of trade mark and
register the whole and any such part as separate trade marks. of trade marks as a
series.
(2) Each such separate trade mark must satisfy all the conditions
of an independent trade mark and shall, subject to the provisions of
subsection (3) of section 26 and subsection (2) of section 33, have all
the incidents of an independent trade mark.
(d) colour,
25. (1) A registered trade mark is assignable and transmissible Powers of, and
either in connection with the goodwill of a business or not. restrictions on,
assignment and
transmission.
(2) A registered trade mark is assignable and transmissible in 5 of 1994, s. 14.
respect of either all the goods or all the services in respect of which it
is registered or of some only of those goods or services.
(3) The provisions of subsections (1) and (2) shall have the
effect of an unregistered trade mark as they have effect in the case of
a registered trade mark if at the time of the assignment or transmission
of the unregistered trade mark it is or was used in the same business
as a registered trade mark, and if it is or was assigned or transmitted at
the same time and to the same person as that registered trade mark was
assigned or transmitted.
(8) Any decision of the Registrar under this section shall be subject
to appeal to the court.
27. Subject to the provisions of this Act, the person for the time Power of registered
being entered in the register as proprietor of a trade mark shall, subject proprietor to assign
to any rights appearing from the register to be vested in any other person, and give receipts.
have power to assign the trade mark, and to give effectual receipts for
any consideration for an assignment thereof.
Registration of
28. (1) Where a person becomes entitled by assignment or
assignments and
transmission to a registered trade mark, he shall make application to transmissions.
the Registrar to register his title, and the Registrar shall, on receipt of 5 of 1994.
the application and on proof of title to his satisfaction, register him as
the proprietor of the trade mark in respect of the goods or services in
respect of which the assignment or transmission has effect, and shall
cause particulars of the assignment or transmission to be entered on
28 CAP. 506 Trade Marks [Rev. 2009
the register.
(2) Any decision of the Registrar under this section shall be subject
to appeal to the court.
Removal from 29. (1) Subject to the provisions of section 30, a registered trade
register and mark may be taken off the register in respect of any of the goods or
imposition of services in respect of which it is registered on application by any person
limitations on ground aggrieved to the court or, at the option of the applicant and subject to the
of non-use. provisions of section 53, to the Registrar, on the ground that either -
5 of 1994.
(a) the trade mark was registered without any bona fide intention
on the part of the applicant for registration that it should be
used in relation to those goods or services by him, and that
there has in fact been no bona fide use of the trade mark in
relation to those goods or services by any proprietor thereof
for the time being up to the date one month before the date
of the application; or
(b) up to the date one month before the date of the application
a continuous period of five years or longer elapsed during
which the trade mark was a registered trade mark and
during which there was no bona fide use thereof in relation
to those goods or services by any proprietor thereof for the
time being:
29, the trade mark may, on the application in the prescribed manner
of the proprietor registered in respect of the first-mentioned goods, be
registered in his name in respect of those other goods as a defensive
trade mark and, while so registered, shall not be liable to be taken off
the register in respect of those goods under that section.
(2) The registered proprietor of a trade mark may apply for the
registration thereof in respect of any goods as a defensive trade mark
notwithstanding that it is already registered in his name in respect of
those goods otherwise than as a defensive trade mark, or may apply
for the registration thereof in respect of any goods otherwise than as
a defensive trade mark notwithstanding that it is already registered in
his name in respect of those goods as a defensive trade mark, in lieu in
each case of the existing registration.
Registered users. 31. (1) Subject to the provisions of this section, a person other than
5 of 1994, the proprietor of a trade mark may be registered as a licensee thereof in
7 of 2007. respect of all or any of the goods in respect of which it is registered or
in respect of services with the provision of which he is connected in the
Rev. 2009] Trade Marks CAP. 506 31
(i) that the licensee has used the trade mark otherwise than
by way of the permitted use, or in such a way as to cause,
or to be likely to cause, deception or confusion;
(iii) that the registration ought not to have been effected hav-
ing regard to rights vested in the applicant by virtue of a
contract in the performance of which he is interested.
(9) Provision shall be made by the rules for the notification of the
registration of a person as a licensee to any other licensee of the trade
mark, and for the notification of an application under subsection (8) to
the registered proprietor and each licensee (not being the applicant) of
the trade mark, and for giving to the applicant on such an application,
and to all persons to whom such an application is notified and who
intervene in the proceedings in accordance with the rules, an opportunity
of being heard.
32. (1) No application for the registration of a trade mark in Proposed use of trade
respect of any goods or services to be performed shall be refused, nor mark by corporation
shall permission for such registration be withheld, on the ground only to be constituted, etc.
that it appears that the applicant does not use or propose to use the 5 of 1994,
7 of 2007.
trade mark if -
Use of one of 33. (1) Where under this Act use of a registered trade mark is
associated or required to be proved for any purpose, the court or the Registrar may,
substantially if and so far as the court or the Registrar thinks right, accept use of a
identical trade marks trade mark with additions or alterations not substantially affecting its
equivalent to use of identity, as an equivalent for the use required to be proved.
another.
4 of 2002.
(2) The use of the whole of a registered trade mark shall for the
purposes of this Act be deemed to be also a use of any registered trade
mark, being a part thereof, registered in the name of the same proprietor
by virtue of subsection (1) of section 24.
35. (1) Any person aggrieved by the non-insertion in or omission General power to
from the register of an entry, or by any entry made in the register without rectify entries in
register.
sufficient cause, or by any entry wrongly remaining on the register,
or by any error or defect in any entry in the register, may apply in the
prescribed manner to the court or, at the option of the applicant and
subject to the provisions of section 53, to the Registrar, and the court or
the Registrar may make such order for making, expunging or varying
the entry as the court or the Registrar may think fit.
(2) The court or the Registrar may in any proceeding under this
section decide any question that it may be necessary or expedient to
decide in connexion with the rectification of the register.
(4) Any order of the court rectifying the register shall direct that
notice of the rectification shall be served in the prescribed manner on
the Registrar, and the Registrar shall on receipt of the notice rectify the
register accordingly.
36. On application by any person aggrieved to the court, or, at the Power to expunge or
option of the applicant and subject to the provisions of section 53, to vary registration for
the Registrar, or on application by the Registrar to the court, the court breach of condition.
or the Registrar may make such order as the court or the Registrar may
think fit for expunging or varying the registration of a trade mark on
the ground of any contravention of, or failure to observe, a condition
entered on the register in relation thereto.
(2) The Minister may make rules for the surrender of a registered
trade mark and for protecting persons with rights in the registered trade
mark.
36B. (1) A proprietor of an earlier trade mark or any other earlier Effect of
right, who has acquiesced for a continuous period of five years in the use Acquiescence.
of a registered trade mark in Kenya, being aware of that use, shall cease 4 of 2002.
36 CAP. 506 Trade Marks [Rev. 2009
(b) to oppose the use of the latter trade mark in relation to the
goods or services in relation to which is has been so used,
unless the registration of the latter trade mark was applied
for in bad faith.
(2) Where subsection (1) applies, the proprietor of the latter trade
mark shall not be entitled to oppose the use of the earlier trade mark or
the exploitation of the earlier right, as the case may be, notwithstanding
that the earlier trade mark or right, may no longer be invoked against
his latter trade mark.
Correction of 37. (1) The Registrar may, on request made in the prescribed
register. manner by the registered proprietor-
5 of 1994.
(a) correct any error in the name, address or description of the
registered proprietor of a trade mark;
(3) Any decision of the Registrar under this section shall be subject
to appeal to the court.
Alteration of 38. (1) The registered proprietor of a trade mark may apply in the
registered trade mark. prescribed manner to the Registrar for leave to add to or alter the trade
mark in any manner not substantially affecting the identity thereof, and
the Registrar may refuse leave or may grant it on such terms and subject
to such limitations as he may think fit.
Rev. 2009] Trade Marks CAP. 506 37
(4) Where leave under this section is granted, the trade mark
as altered shall be advertised in the prescribed manner, unless it has
already been advertised, in the form to which it has been altered, in an
advertisement under subsection (2).
39. (1) The Minister may from time to time make such rules, Adaption of entries in
prescribe such forms and generally do such things as he thinks expedient, register to amended
for empowering the Registrar to amend the register, whether by making or substituted
or expunging or varying entries therein, so far as may be requisite for classification of
the purpose of adapting the designation therein of the goods or classes goods.
39 of 1962, s. 5,
of goods or services or classes of services in respect of which trade
5 of 1994.
marks are registered to any amended or substituted classification that
may be prescribed.
(3) A proposal for the amendment of the register for the purpose
referred to in subsection (1) shall be notified to the registered proprietor
of the trade mark affected, shall be subject to appeal by the registered
proprietor to the court, shall be advertised with any modifications, and
may be opposed before the Registrar by any person aggrieved on the
ground that the proposed amendment contravenes subsection (2), and
38 CAP. 506 Trade Marks [Rev. 2009
Certification trade 40. (1) A mark adapted in relation to any goods to distinguish in
marks. the course of trade goods certified by any person in respect of origin,
material, mode of manufacture, quality, accuracy or other characteristic
from goods not so certified shall be registrable as a certification trade
mark in Part A of the register in respect of those goods in the name, as
proprietor thereof, of that person:
Provided that paragraph (a) shall not have effect in the case of use
consisting of the application of any such mark to goods, notwithstanding
that they are goods mentioned in that paragraph, if that application is
contrary to the relevant regulations.
trade mark, and may contain any other provisions that the Registrar may
require or permit to be inserted therein (including provisions conferring
a right of appeal to the Registrar against any refusal of the proprietor
to certify goods or to authorize the use of the trade mark in accordance
with the regulations); and regulations so deposited shall be open to
inspection in the same manner as the register.
(9) The provisions of the First Schedule shall have effect with
respect to the registration of a mark under this section and to marks
so registered.
Collective trade 40A. (1) A mark capable of distinguishing, in the course of trade,
marks. the goods or services of persons who are members of an association,
4 of 2002. from goods or services of persons who are not members of such
association, shall on application in the prescribed manner, be registerable
as a collective trade mark or service mark in respect of the goods or
services in the name of such an association.
1993, and it includes all the amendments or revisions thereof; and Protocol.
4 of 2002.
“International Bureau” means the International Bureau of the
World Intellectual Property Organization, established by the convention
signed at Stockholm on the 14th July, 1967;
40C. (1) The Minister may, in rules, make appropriate provisions Rules regarding
to give effect, in Kenya, to the provisions of the Banjul Protocol and regional and
the Madrid Agreement and the Madrid Protocol. international
applications.
(2) The rules referred to in subsection (1) may, in particular, 4 of 2002.
provide for –
40D. (1) A trade mark in respect of which Kenya is a designated Applications for
state, registered by ARIPO by virtue of the Banjul Protocol, shall have registration of marks
the same effect and enjoy the same protection in Kenya, as a trade under the Banjul
mark registered under this Act, unless the Registrar communicates to Protocol.
4 of 2002.
ARIPO, in respect of the application, a decision in accordance with the
provisions of that Protocol, that if a mark is registered by ARIPO, that
mark shall have no effect in Kenya.
(2) The Institute shall act as a receiving office, for the purpose
of filing an application under the Banjul Protocol, where a regional
application is filed with it and the applicant is a national or a resident
42 CAP. 506 Trade Marks [Rev. 2009
of Kenya.
(3) Where there is a conflict between the provisions of this Act and
the provisions of the Banjul Protocol on Marks, this Act shall prevail.
Power of Minister to 41. The Minister may make such rules, prescribe such forms and
make rules. generally do such things as he thinks expedient –
39 of 1956, Sch.,
5 of 1994.
(a) for regulating the practice under this Act, including the
service of documents;
Preliminary advice 43. (1) The power to give to a person who proposes to apply for
by Registrar as to the registration of a trade mark in Part A or Part B of the register advice
distinctiveness. as to whether the trade mark appears to the Registrar prima facie to be
inherently adapted to distinguish, or capable of distinguishing, as the
case may be, shall be a function of the Registrar under this Act.
which the Registrar has given advice in the affirmative, made within
three months after the advice is given, the Registrar, after further
investigation or consideration, gives notice to the applicant of objection
on the ground that the trade mark is not adapted to distinguish, or
capable of distinguishing, as the case may be, the applicant shall be
entitled, on giving notice of withdrawal of the application within the
prescribed period, to have repaid to him any fee paid on the filing of
the application.
44. Where any discretionary or other power is given to the Hearing before
Registrar by this Act or the rules, he shall not exercise that power exercise of
adversely to the applicant for registration or the registered proprietor Registrar’s
of the trade mark in question without (if duly required so to do within discretion.
the prescribed time) giving to the applicant or registered proprietor an
opportunity of being heard.
45. (1) In all proceedings before the Registrar under this Act, Power of Registrar to
the Registrar shall have power to award to any party such costs as he award costs.
may consider reasonable, and to direct how and by what parties they
are to be paid, and any such order may, by leave of the court or a judge
thereof, be enforced in the same manner as a judgment or order of the
court to the same effect.
(2) The Chief Justice may make rules in regard to the amount of
and generally as to costs.
47. In any legal proceeding in which the validity of the registration Certificate of validity.
of a registered trade mark comes into question and is decided in favour
of the proprietor of the trade mark, the court may certify to that effect,
and if it so certifies then in any subsequent legal proceeding in which
the validity of the registration comes into question the proprietor of the
trade mark on obtaining a final order or judgment in his favour shall
have his full costs, charges and expenses as between advocate and
client, unless in the subsequent proceeding the court certifies that he
ought not to have them.
48. In all proceedings before the court under this Act, the costs Costs of Registrar in
of the Registrar shall be in the discretion of the court, but the Registrar proceedings before
shall not be ordered to pay the costs of any other of the parties. court, and payment
44 CAP. 506 Trade Marks [Rev. 2009
of costs by Registrar.
49. In any action or proceeding relating to a trade mark or trade
Trade usage, etc., to name, the court or the Registrar shall admit evidence of the usages of
be considered. the trade concerned and of any relevant trade mark or trade name or
get-up legitimately used by other persons.
Registrar’s 50. (1) In any legal proceeding in which the relief sought includes
appearance in alteration or rectification of the register, the Registrar shall have the right
proceedings to appear and be heard, and shall appear if so directed by the court.
involving
rectification. (2) Unless otherwise directed by the court, the Registrar in lieu
of appearing and being heard may submit to the court a statement in
writing signed by him, giving particulars of the proceedings before him
in relation to the matter in issue or of the grounds of any decision given
by him affecting it or of the practice of the office of the Registrar in
similar cases or of such other matters relevant to the issues, and within
his knowledge as Registrar, as he thinks fit, and the statement shall be
deemed to form part of the evidence in the proceeding.
Court’s power to 51. The court, in dealing with any question of the rectification of
review Registrar’s the register (including all applications under the provisions of section
decision. 35), shall have power to review any decision of the Registrar relating
to the entry in question or the correction sought to be made.
Discretion of court in 52. In any appeal from a decision of the Registrar to the court
appeals. under this Act, the court shall have and exercise the same discretionary
powers as under this Act are conferred upon the Registrar.
Procedure in cases 53. Where under any of the foregoing provisions of this Act an
of option to apply to applicant has an option to make an application either to the court or to
court or Registrar. the Registrar –
54. (1) In any proceeding under this Act before the Registrar,
Mode of giving
evidence. the evidence shall be given by statutory declaration in the absence of
directions to the contrary, but, in any case in which the Registrar thinks
it right so to do, he may take evidence viva voce in lieu of or in addition
to evidence by declaration.
used before the court in lieu of evidence by affidavit, but if so used shall
have all the incidents and consequences of evidence by affidavit.
(3) In case any part of the evidence is taken viva voce, the
Registrar shall, in respect of requiring the attendance of witnesses and
taking evidence on oath, be in the same position in all respects as a
magistrate.
57. If any person makes or causes to be made a false entry in the Falsification of
entries in register.
register, or a writing falsely purporting to be a copy of an entry in the
register, or produces or tenders or causes to be produced or tendered in
evidence any such writing, knowing the entry or writing to be false, he
shall be guilty of an offence and liable to imprisonment for a term not
exceeding five years or to a fine not exceeding ten thousand shillings,
or to both such imprisonment and fine.
58. (1) Any person who makes a representation- Fine for falsely
representing a trade
mark as registered.
(a) with respect to a mark not being a registered trade mark, to
the effect that it is a registered trade mark; or
(b) where that word (being a word other than the word
“registered”) is of itself such as to indicate that the reference
is to the last-mentioned registration; or
such goods;
“sell” includes –
(b) to have in possession for the purpose of sale for any purpose
of trade or commerce.
(d) it is used in any manner likely to lead to the belief that the
goods in connection with which it is used are designated by
that trade mark or other mark.
58C. For the purposes of this Part, a person forges a registered Forgery of registered
trademark if- trade mark.
5 of 1994.
(a) without the consent of the proprietor of the registered trade
mark or the authority of this Act, he makes that trade mark or
a mark so nearly resembling that trade mark as to be likely
to deceive or cause confusion; or
58D. (1) Subject to subsection (2), any person who- Prohibition of forgery
48 CAP. 506 Trade Marks [Rev. 2009
of registered trade
mark. (a) forges a registered trade mark; or
5 of 1994,
4 of 2002. (b) falsely applies a registered trade mark to goods or in relation
to services; or
shall be guilty of an offence, and liable to fine not exceeding two hundred
Rev. 2009] Trade Marks CAP. 506 49
58E. (1) Subject to the provisions of subsection (2), any person Prohibitition of sale
who sells or imports any goods or performs any services to which- or importation of
goods or performance
(a) a forged registered trade mark is falsely applied; or of services with
forged registered
(b) a registered trade mark is falsely applied; trade mark.
5 of 1994,
4 of 2002.
shall be guilty of an offence, and liable to a fine not exceeding two
hundred thousand shillings or to imprisonment for a term not exceeding
five years or to both.
Aiding and abetting 58F. Any person who within Kenya procures, counsels, aids,
offence. abets or is accessory to the commission outside Kenya of any offence
5 of 1994, which, if committed within Kenya would be an offence under this Part,
4 of 2002. is himself guilty of an offence and liable to a fine not exceeding two
hundred thousand shillings or to imprisonment for a term not exceeding
five years or to both.
(3) Where, in any prosecution for an offence under this Part, the
consent of the proprietor of a trade mark is a relevant issue, the onus of
proving the consent of such proprietor lies on the accused.
(2) Nothing in subsection (1) shall prevent the use of the sign or
design where it is made by the mass media for the purposes of informing
the public about the Olympic movement.
60. The use of a registered trade mark in relation to goods between Change of form of
which and the person using it any form of connexion in the course of trade connexion
trade subsists shall not be deemed to be likely to cause deception or not to be deemed to
confusion on the ground only that the trade mark has been, or is, used cause deception.
in relation to goods between which and that person or a predecessor in
title of his a different form of connexion in the course of trade subsisted
52 CAP. 506 Trade Marks [Rev. 2009
or subsists.
Jointly owned trade 61. (1) Where the relations between two or more persons interested
marks. in a trade mark are such that no one of them is entitled as between
himself and the other or others of them to use it except-
(2) Subject to subsection (1), nothing in this Act shall authorize the
registration of two or more persons who use a trade mark independently,
or propose so to use it, as joint proprietors thereof.
Trusts and equities. 62. (1) There shall not be entered in the register any notice of
any trust express, implied or constructive, nor shall any such notice be
receivable by the Registrar.
Recognition of 63. (1) Where by this Act any act has to be done by or to any
agents. person in connexion with a trade mark or proposed trade mark or any
4 of 2002. procedure relating thereto, the act may, under and in accordance with
the rules, be done by or to an agent of that person duly authorized in
the prescribed manner.
64. When an applicant for the registration of a trade mark or an Address for service.
agent does not reside or carry on business in Kenya, he shall give the
Registrar an address for service in Kenya, and if he fails to do so the
Registrar may refuse to proceed with the application until such address
has been given.
65. (1) Where any person has registered or has applied for International
protection for any trade mark in any foreign state with the government arrangements.
of which the Government of Kenya has made arrangements for mutual 11 of 1965, s. 7.
protection of trade marks, that person or his legal representative or
assignee shall be entitled to registration of his trade mark in priority to
other applicants; and that registration shall have the same date as the
date of application for protection in the foreign state if the application for
registration is made within six months from the date of the application
for protection in the foreign state:
(3) The application for the registration of a trade mark under this
section shall be made in the same manner as an ordinary application
under this Act:
Provided that any trade mark the registration of which has been
duly applied for in the country of origin may be registered under this
Act.
(4) The provisions of this section shall apply only to those foreign
states to which the Attorney-General has by notice in the Gazette
declared them to be applicable and so long only as the notice continues
in force with respect to those states.
66. Whenever the last day fixed by this Act, or by any rule for the Provisions as to
54 CAP. 506 Trade Marks [Rev. 2009
public holidays. time being in force, for leaving any document with or paying any fee
to the Registrar falls on a Sunday or public holiday, the document may
be left or the fee may be paid on the day next following the Sunday or
public holiday.
Transitional 67. The transitional provisions and savings set out in the Third
provisions and Schedule shall have effect with respect to the matters therein mentioned
savings. respectively.
(2) The provisions of subsection (2) and of subsections (4) to (7) of section
20 shall have effect in relation to an application under section 40 as they have
effect in relation to an application under subsection (1) of section 20.
(5) The Registrar shall consider the application with regard to the
following matters –
(c) whether in all the circumstances the registration applied for would
be to the public advantage;
(ii) accept the application, and approve the regulations either with-
out modification and unconditionally or subject to any condi-
tions or limitations, or to any amendments or modifications of
Rev. 2009] Trade Marks CAP. 506 55
the application or of the regulations, which he thinks requisite
having regard to any of the foregoing matters;
but, except in the case of a direction for acceptance and approval without
modification and unconditionally, the Registrar shall not decide the matter
without giving to the applicant an opportunity of being heard.
2. (1) When an application has been accepted, the Registrar shall, as soon
as may be after acceptance, cause the application as accepted to be advertised in
the prescribed manner, and the provisions of subsections (2) to (11) of section 21
shall have effect in relation to the registration of the mark as if the application
had been an application under section 20:
Provided that, in deciding under the provisions of section 21, the Registrar
shall have regard only to the considerations referred to in subparagraph (3) of
paragraph 1 of this Schedule, and a decision under those provisions in favour
of the applicant shall be conditional on the determination in his favour by the
Registrar under subparagraph (2) of this paragraph of any opposition relating
to any of the matters referred to in subparagraph (5) of paragraph 1.
(2) The Registrar may cause an application for his consent to be advertised
in any case where it appears to him that it is expedient so to do, and where the
Registrar causes an application to be advertised, if within the prescribed time
from the date of the advertisement any person gives notice to the Registrar of
opposition to the application, the Registrar shall not decide the matter without
giving the parties an opportunity of being heard.
(a) that the proprietor is no longer competent, in the case of any of the
goods in respect of which the trade mark is registered, to certify
those goods;
(b) that the proprietor has failed to observe a provision of the deposited
regulations to be observed on his part;
(c) that it is no longer to the public advantage that the trade mark
56 CAP. 506 Trade Marks [Rev. 2009
should be registered; or
(d) that it is requisite for the public advantage that, if the trade mark
remains registered, the regulations should be varied;
and the Registrar shall have no jurisdiction to make an order under section 35
on any of those grounds.
(2) The Registrar shall rectify the register and the deposited regulations
in such manner as may be requisite for giving effect to an order made under
subparagraph (1) of this paragraph.
7. The following provisions of this Act shall not have effect in relation to
a certification trade mark, that is to say, section 7, section 9, section 12, sections
20 and 21 (except as expressly applied by this Schedule), subsections (4) to (8)
of section 25, sections 29 to 32, section 60 and any provisions the operation of
which is limited by the terms thereof to registration in Part B of the register.
SECOND SCHEDULE
Deleted by 11 of 1965, s. 9.
6. (1) Nothing in this Act shall be taken to invalidate the original Cap. 293 (1948).
registration of a trade mark which immediately before the appointed day was
validly on the register.
(2) No trade mark which was upon the register on the appointed day and
which, having regard to any differences as between the provisions of this Act
and the provisions of the Trade Marks Ordinance (now repealed) whether as
respects limitations which may be imposed on registration or as respects any
other matter, was then a registrable trade mark under that Ordinance shall be
removed from the register on the ground that it was not registrable under the
Ordinance in force at the date of its registration.
(3) Nothing in this Act shall subject any person to any liability in respect
of any act or thing done before the appointed day to which he would not have
been subject under the repealed Ordinance.
58 CAP. 506 Trade Marks [Rev. 2009
(4) Nothing in this Act shall affect any order, rule, regulation or requirement
made, table of fees or certificate issued, notice, decision, determination, direction
or approval given, application made, or thing done under the repealed Ordinance;
and every such order, rule, regulation, requirement, table of fees, certificate,
notice, decision, determination, direction, approval, application or thing shall,
if in force at the appointed day, continue in force and shall, so far as it could
have been made, issued, given or done under this Act, have effect as if made,
issued, given or done under the corresponding enactment of this Act.
(a) in relation to a trade mark as defined in this Act prior to the date
of commencement of the Trade Marks (Amendment) Act, 1994,
1st January, 1957; and
Arrangement Of Rules
Rule Preliminary
1-Short title.
2-Interpretation.
Documents
9-Size, etc., of documents.
10-Signature of documents by partnerships, companies and associations.
11-Service of documents.
Address
12-Address.
13-Address for service.
Agency
14-Agency.
21-Form of application.
22-Representation of mark.
23-(Deleted).
60 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
Rule
24-(Deleted).
25-Separate applications.
26-Representations to be satisfactory.
27-Specimens of trade marks in exceptional cases.
28-Series of trade marks.
29-Transliteration and translation.
29A-Application to add goods or services.
30-Search.
31-Registrar’s powers on application.
32-Objection by Registrar.
33-Conditions by Registrar.
34-Decision of Registrar.
35-Disclaimer.
Advertisement of Application
42-Advertisement of application.
43-Representations or information from applicant.
44-Advertisement of series of trade marks.
45-Advertisements under section 21 (10) and 38 (2), (4) of the Act.
45A-Costs of advertisements.
Opposition to Registration
46-Opposition.
47-Notice of opposition.
48-Counter-statement.
49- Evidence in support of opposition.
50-Evidence in support of application.
51-Evidence in reply by opponent.
52-Further evidence.
52A-Abandonment of application or opposition.
53-Exhibits.
54-Hearing.
Rev. 2009] Trade Marks CAP. 506 61
[Subsidiary]
Rule
55-(Deleted).
56-Security for costs.
57-Costs in uncontested case.
58-(Deleted).
Non-completion
59-Non-completion of registration.
60-Entry in register.
61-Notations indicating association no longer of any effect.
62-Death of applicant before registration.
63-Certificate of registration.
Renewal
64-Renewal of registration.
65-Notice before removal of trade mark from register.
66-Second notice.
67-Advertisement of non-payment.
68-Removal of trade mark from Register.
69-Record of removal of mark.
70-Notice and advertisement of renewal and restoration.
Alteration of Address
84A-Application to surrender.
94-Alteration of regulations.
Registered Users
Extension of Time
102-Extension of time.
Rev. 2009] Trade Marks CAP. 506 63
[Subsidiary]
Rule
Discretionary Power
103-Hearing.
104-Application for hearing.
105-Notice of hearing.
106-Notification of decision.
Amendments
108-Amendments of documents.
Certificates
109-Certificates by Registrar.
110-Marks registered without limitation of colour.
111-Certificates for use in obtaining registration abroad.
Declarations
Search
114-Searches.
Copies
115-Copies of documents.
116-(Deleted)
117-Appeal to court.
118-Applications to court.
119-Order of court.
120-Publication of order of court.
Schedules.
64 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
L.N. 575/1956,
THE TRADE MARK RULES
L.N. 454/1959,
L.N. 44/1970,
L.N. 138/1971,
L.N. 131/1975,
L.N. 49/1988,
L.N. 42/1995,
L.N. 146/2003.
Preliminary
Short title.
1. These Rules may be cited as the Trade Marks Rules.
Interpretation.
2. In these Rules, except where the context otherwise requires-
L.N. 42/1995,
L.N. 146/2003.
“agent” means a person appointed as an agent under rule 14;
4. The forms referred to herein are the forms contained in the Fourth
Forms.
Schedule, and those forms shall be used in all cases to which they are applicable
and shall be modified as directed by the Registrar to meet other cases.
6. (1) This rule applies with respect to a trade mark registered for goods
Old classifications
or services classified in accordance with a classification system that has been
preserved.
amended or replaced since those goods or services were classified.
L.N. 146/2003.
(2) The goods or services described in paragraph (1) are not required to be
reclassified in accordance with the new classification system unless application
is made under rule 7.
(2) An application under this rule shall be made to the Registrar in form
TM 43.
Rev. 2009] Trade Marks CAP. 506 65
[Subsidiary]
(3) The registrar shall determine what amendment he proposes to make
in relation to an application under this rule and shall notify the applicant of that
proposal as required under section 39 (3) of the Act.
(8) The Registrar shall send the duplicate copies of the notice of
opposition and the accompanying statement to the applicant.
(9) The applicant may file a counter-statement with the Registrar setting
out fully the grounds on which the applicant contests the opposition.
(12) Before deciding the matter, the Registrar shall give the parties an
opportunity to be heard if either party requests it.
(14) An appointment shall be for a date at least fourteen days after the
date of the notice, unless the parties consent to a shorter notice.
(15) Within seven days after the receipt of the notice a party who intends
to appear shall so notify the Registrar in form TM 8.
(16) A party who receives notice and who does not, within seven days
after the receipt of the notice, notify the Registrar in form TM 8 that he intends
to appear, may be treated as not desiring to be heard and the Registrar may
act accordingly.
(17) The Registrar shall make the entries in the Register that are necessary
to give effect to a request to adapt a classification if-
66 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
(a) the time for filing a notice of opposition has expired without such
a notice being filed; or
(b) a notice of opposition has been filed but the Registrar has decided
to allow the request.
(18) If the Registrar makes an entry under paragraph (17) he shall also
enter the date when that entry was made.
(19) No entry under this rule shall affect the period of registration of a
trade mark or when it may be renewed.
Documents
Size, etc., of 9. Subject to any other directions that may be given by the Registrar,
documents. all applications, notices, counter-statements, papers having representations
L.N. 42/1995. affixed or other documents authorized or required by the Act or these Rules to
be made, left or sent, at or to the office or with or to the Registrar or the court,
shall be on strong non-absorbent paper of a size approximately 297 mm. by
approximately 210 mm., and shall have on the left hand part thereof a margin
of not less than 35 mm.
Service of 11. (1) All applications, notices, statements, papers having representations
documents. affixed or other documents authorized or required by the Act or these Rules to
be made, left or sent, at or to the office, or with or to the Registrar or the court
or any other person, may be sent through the post by a prepaid or official paid
letter.
12. (1) Where any person is by the Act or these Rules bound to furnish Address.
the Registrar with an address, the address given shall in all cases be as full as
possible, for the purpose of enabling any person easily to find the place of trade
or business of the person whose address is given.
(2) The Registrar may require the address to include the name of the
street and the plot number in the street of the premises.
13. (1) The Registrar may require an applicant, opponent or agent, or a Address for service.
registered proprietor or registered user of a trade mark, who does not reside or
carry on business within Kenya to give an address for service within Kenya, and
that address may be treated as the actual address of that person for all purposes
connected with the matter in question.
(4) In any case in which no address for service is entered in the register,
the Registrar may treat the trade or business address of the registered proprietor
or registered user as therein entered as his address for service for all purposes
connected with the registration.
(6) The Registrar, at any time that a doubt arises as to the continued
availability of an address for service entered in the register, may request the
person for whom it is entered, by letter addressed to his trade or business address
in the register, to confirm the address for service, and if within three months of
making such a request the Registrar receives no confirmation of that address
he may strike it off the register.
Agents
14. (1) Except as otherwise required by these Rules, any application, Agency.
request or notice which is required or permitted by the Act or these Rules to
be made or given to the Registrar or the court, and all other communications
between an applicant or a person making such a request or giving such a
notice and the Registrar, or the court, and between the registered proprietor
or a registered user of a trade mark and the Registrar or the court or any other
68 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
person, may be signed, made or given by or through an agent.
(2) Any such applicant, person making request or giving notice, proprietor
or registered user may appoint an agent to act for him in any proceeding or
matter before or affecting the Registrar or the court under the Act and these
Rules by signing and sending to the Registrar or the court, as the case may be,
an authority to that effect in form TM 1 or in such other written form as the
Registrar or the court may deem sufficient.
(3) In case of such appointment, service upon the agent of any document
relating to the proceeding or matter shall be deemed to be service upon the
person so appointing him, all communications directed to be made to that
person in respect of the proceeding or matter may be addressed to the agent,
and all attendances upon the Registrar relating thereto may be made by or
through the agent.
(4) In any particular case the Registrar may require the personal signature
or presence of an applicant, opponent, proprietor, registered user or other
person.
Registrable 15. (1) The Registrar may refuse to accept any application for the
trade marks. registration of a mark upon which any of the following appear-
Flags, emblems, 16. Representations in any form of any of the following, or any device
arms, etc. so nearly resembling them as to be likely to lead to mistake, may not appear
on trade marks the registration of which is applied for-
17. Where a representation in any form of the armorial bearings, insignia, Arms of city, etc.
orders of chivalry, decorations or flags of any city, borough, town, place, society,
body corporate, institution or person appears on a mark, the Registrar, before
proceeding to register the mark, may require to be furnished with a consent to
the registration and use of those emblems from such official or other person
as appears to the Registrar to be entitled to give consent, and in default of that
consent he may refuse to register the mark.
18. Where the name or representation of any person appears on a trade Living persons or
mark, the Registrar may require, before proceeding to register the mark to persons recently
be furnished with consent from him or, in the case of a person recently dead, dead.
from his legal representatives, and in default of that consent he may refuse to
register the mark.
19. (1) Where the name or description of any goods or the name or Name and description
description of any services appears on a trade mark the Registrar may refuse of goods or services
to register such mark in respect of any goods or services, as the case may be, on a trade mark.
other than the goods or services so named or described. 42 of 1995.
(2) Where the name or description of any goods or the name or description
of any services appears on a trade mark, and the name or description in use
varies, the Registrar may permit the registration of the mark for these and other
goods or services, as the case may be, and in that case the applicant shall state
in his application that the name or description will be varied when the mark is
used upon goods or services covered by the specification other than the named
or described goods or services.
20. (1) A person who proposes to apply for the registration of a trade Preliminary advice
mark in relation to goods or services may apply to the Registrar for advice as by Registrar as to
to whether the trade mark appears to the Registrar prima facie to be inherently distinctiveness.
adapted to distinguish the goods or services within the meaning of section 12 42 of 1995,
of the Act or to be inherently capable of distinguishing the goods or services L.N. 146/2003.
within the meaning of section 13 of the Act.
Form of application. 21. (1) An application to the Registrar for registration of a trade mark
L.N. 42/1995, shall be in form TM 2 and shall be signed by the applicant or his agent.
L.N. 146/2003.
(2) Every application claiming priority under section 65 of the Act shall
state the date of the application in the United Kingdom or foreign state, and the
applicant shall furnish a certificate by the Registrar or other registering authority
of that country, or shall otherwise verify the application made or deemed to
have been made therein to the satisfaction of the Registrar.
Representation of 22. (1) Every application for the registration of a trade mark shall contain
mark. a representation of the mark in the space provided on the application form for
that purpose.
(2) Where the representation exceeds the space in size, the representation
shall be mounted upon linen, tracing cloth or such other material as the Registrar
may consider suitable; part of the mounting shall be affixed in the space and
the rest may be folded.
Separate applications. 25. Applications for the registration of the same mark in different classes
Rev. 2009] Trade Marks CAP. 506 71
[Subsidiary]
shall be treated as separate and distinct applications, and in all cases where a L.N. 42/1995.
trade mark is registered under the same official number for goods or services
in more than one class, whether on conversion of the specification under rule
6 or otherwise, the registration in respect of the goods or services included
in each separate class shall be deemed to be a separate registration for all the
purposes of the Act.
26. The Registrar, if dissatisfied with any representation of a mark, may Representations to be
at any time require another representation satisfactory to him to be submitted satisfactory.
before proceeding with the application.
27. (1) Where a drawing or other representation or specimen cannot be Specimens of trade
given as prescribed in these Rules, a specimen or copy of the trade mark may be marks in exceptional
sent either of full size or on a reduced scale, and in such form as the Registrar cases.
may think most convenient.
(2) The Registrar may also, in exceptional cases, deposit in the office
a specimen or copy of any trade mark which cannot conveniently be shown
by a representation, and may refer thereto in the register in such manner as he
may think fit.
28. If application is made for the registration of a series of trade marks Series of trade marks.
under section 24 (3) of the Act, a representation of each trade mark in the series L.N. 146/2003.
shall be included in the application.
29. (1) Where a trade mark contains a word or words in characters other Transliteration and
than Roman, there shall, unless the Registrar otherwise directs, be endorsed on translation.
the application form, a sufficient transliteration and translation to the satisfaction L.N.146/2003.
of the Registrar of each of the words, and every such endorsement shall state
the language to which the word belongs and shall be signed by the applicant
or his agent.
29A. (1) The proprietor of a registered trade mark may apply to the Application to add
registrar to add goods or services to the goods or services in respect of which goods or services.
the trade mark is registered, including goods or services in an additional class L.N.146/2003.
or classes.
(2) An applicant for the registration of a trade mark may apply to the
Registrar to amend the application to add goods or services to the goods or
services in respect of which the trade mark would be registered, including goods
or services in an additional class or classes.
(4) These Rules shall apply, with necessary modifications, with respect
to an application under this rule as though it were an application for registration
of a trade mark.
72 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
Procedure on Receipt of Application for Registration of a Trade Mark
Search. 30. Upon receipt of an application for the registration of a trade mark in
L.N. 42/1995. respect of any goods or services, as the case may be, the Registrar shall cause
a search to be made amongst the registered marks and pending applications for
the purpose of ascertaining whether-
any marks identical with the mark applied for, or which so nearly resemble it
as to render the mark applied for likely to deceive or cause confusion, and the
Registrar may cause the search to be renewed at any time before the acceptance
of the application, but shall not be bound to do so.
Registrar’s powers on 31. After a search, and consideration of the application, and of any
application. evidence of use or of distinctiveness or of any other matter which the applicant
may or may be required to furnish, the Registrar may accept the application
absolutely, or he may object to it, or he may express his willingness to accept it
subject to such conditions, amendments, disclaimer, modifications or limitations
as he may think right to impose.
Objection by 32. If the Registrar objects to the application, he shall inform the applicant
Registrar. of his objections in writing, and unless within ninety days the applicant applies
L.N. 42/1995, for a hearing or makes a considered reply in writing to those objections he shall
L.N. 146/2003. be deemed to have withdrawn his application.
Conditions by 33. (1) If the Registrar is willing to accept the application subject to
Registrar. any conditions, amendments, disclaimer, modifications or limitations, he shall
L.N. 42/1995, communicate his willingness to the applicant in writing, and, if the applicant
L.N. 146/2003. objects to the conditions, amendments, disclaimer, modifications or limitations,
he shall within ninety days from the date of the communication apply for a
hearing or communicate his considered objections in writing, and if he does
not do so he shall be deemed to have withdrawn his application.
Decision of Registrar. 34. (1) The decision of the Registrar, at a hearing under rule 32 or rule
L.N. 42/1995, 33, or without a hearing if the applicant has duly communicated his considered
L.N. 146/2003. objections or considered reply, in writing, and has stated that he does not desire to
be heard, shall be communicated to the applicant in writing, and if the applicant
Rev. 2009] Trade Marks CAP. 506 73
[Subsidiary]
objects to the decision he may within thirty days from the date of receipt of the
decision by applying in form TM 4, require the Registrar to state in writing the
grounds of, and the materials used by him in arriving at, his decision.
35. The Registrar may call on an applicant to insert in his application Disclaimer.
such disclaimer as the Registrar may think fit, in order that the public generally
may understand what the applicant’s rights, if his mark is registered, will be.
36. (1) An application to the Registrar for registration of a defensive Application under
trade mark under section 30 of the Act shall be in form TM 2 and shall be s.30 of the Act.
accompanied by a statement of case setting forth full particulars of the facts on L.N. 146/2003.
which the applicant relies in support of his application, verified by a statutory
declaration made by the applicant or some other person approved for the purpose
by the Registrar.
(2) The applicant may send with this declaration, or subsequently, such
other evidence as he may desire to furnish, whether after request made by the
Registrar or otherwise, and the Registrar shall consider the whole of the evidence
before deciding on the application.
(3) In all other respects, and where they are appropriate and it is not
otherwise stated, these Rules shall apply to such applications as they apply to
applications for the registration of ordinary trade marks.
37. An application to the Registrar for registration of a certification trade Application under s.
mark under section 40 of the Act shall be in form TM 2. 40 of the Act.
L.N. 146/2003.
38. These Rules shall apply to applications under rule 37 as they apply to Authorization to
applications for the registration of ordinary trade marks, except that the applicant proceed.
shall not be deemed to have abandoned his application if in the circumstances
of rule 32 or rule 33 he does not apply for a hearing or reply in writing.
39. (1) The applicant shall send to the Registrar, with his application or Case, draft
when required by the Registrar, a case setting out the grounds on which he relies regulations.
in support of his application together with draft regulations for governing the L.N. 146/2003.
use of the mark, all in duplicate.
Regulations and 40. If the Registrar decides to accept the application the regulations for
application to be governing the use of the mark approved by the Registrar, as well as the form
open to inspection. of application, shall be open to public inspection.
Registrar’s refusal. 41. If the Registrar decides to refuse to accept the regulations or to accept
the regulations subject to conditions, limitations, amendments or modifications,
he shall inform the applicant of his objections in writing and shall, if required,
hear the applicant.
Advertisement of Application
Advertisement of 42. (1) An application for the registration of a trade mark shall be
application. advertised in the Journal or Kenya Gazette in such manner as the Registrar
L.N. 146/2003. may direct.
(2) In the case of an application with which the Registrar proceeds only
after the applicant has lodged the written consent to the proposed registration of
the registered proprietor of another trade mark or another applicant, the words
“By Consent” shall appear in the advertisement.
Representations or 43. For the purpose of advertising a trade mark, the Registrar may, at the
information from appropriate time, require the applicant to supply-
applicant.
L.N. 146/2003. (a) up to ten printed representations of the trade mark satisfactory to
the Registrar; or
Advertising of series 44. The following shall apply if the application relates to a series of
of trade marks. trade marks differing from one another in respect of the particulars mentioned
L.N. 146/2003. in section 24 (3) of the Act-
(a) rule 43 shall apply with respect to each of the trade marks in the
series; and
Advertisements 45. Advertisements under section 21 (10) and 38 (2) and (4) of the
Rev. 2009] Trade Marks CAP. 506 75
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Act shall be made in the same manner as advertisements of applications under s.21(10) and
for registration and rules 42 to 44 and rule 45A shall apply with necessary 38 (2), (4) of the Act.
modifications. L.N. 146/2003.
46. Any person may, within sixty days from the date of any advertisement Opposition.
in the Journal or Kenya Gazette of an application for registration of a trade mark, L.N. 146/2003.
give notice in form TM 6 to the Registrar of opposition to the registration.
47. (1) The notice shall include a statement of the grounds upon which Notice of opposition.
the opponent objects to the registration. L.N. 146/2003.
(2) If the registration is opposed on the ground that the mark resembles
marks already on the register, the notice shall set out-
48. Within forty-two days from the receipt of the duplicate the applicant Counter-statement.
shall send to the Registrar a counter-statement in form TM 7 setting out the L.N. 146/2003.
grounds on which he relies as supporting his application.
(2) The applicant shall also set out what facts, if any, alleged in the notice
of opposition he admits.
49. (1) Within forty-two days after the receipt of the duplicate counter- Evidence in support
statement, the opponent shall leave with the Registrar such evidence by way of of opposition.
statutory declaration as he desires to adduce in support of his opposition. L.N. 146/2003.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the applicant.
50. (1) Within forty-two days after the receipt of the statutory declaration Evidence in support
of the opponent under rule 49, the applicant shall leave with the Registrar such of application.
76 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
L.N. 146/2003. evidence by way of statutory declaration as he desires to adduce in support of
his application.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the opponent.
Evidence in reply by 51. (1) Within thirty days after the receipt of the statutory declaration of
opponent. the applicant under rule 50, the opponent may leave with the Registrar evidence,
L.N. 146/2003. by way of statutory declaration, confined strictly to matters in reply.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the applicant.
Further evidence. 52. No further evidence shall be left on either side, but, in any proceedings
before the Registrar, he may at any time give leave to either the applicant or
the opponent to leave any evidence upon such terms as to costs or otherwise
as he may think fit.
Abandonment 52A. If the applicant or opponent fails to furnish the required counter-
of application or statement or evidence in support within the times prescribed by rules 48 to
opposition. 50, the application or opposition, as the case may be, shall be deemed to be
L.N. 146/2003. abandoned and the Registrar may proceed to make an award of costs.
Exhibits. 53. (1) Where there are exhibits to declarations filed in an opposition,
copies or impressions of such exhibits shall be sent to the other party on his
request and at his expense, or, if such copies or impressions cannot conveniently
be furnished, the originals shall be left with the Registrar in order that they may
be open to inspection.
(2) The original exhibits shall be produced at the hearing unless the
Registrar otherwise directs.
Hearing. 54. (1) Upon completion of the evidence, the Registrar shall give notice
to the parties of a date when he will hear the arguments in the case.
(2) An appointment shall be for a date at least fourteen days after the
date of the notice, unless the parties consent to a shorter notice.
(3) Within seven days from the receipt of the notice any party who intends
to appear shall so notify the Registrar in form TM 8.
(4) A party who receives notice and who does not, within seven days
from the receipt thereof, so notify the Registrar in form TM 8, may be treated
as not desiring to be heard and the Registrar may act accordingly.
Non-Completion
Non-completion of
59. (1) Where registration of a trade mark is not completed within registration.
twelve months from the date of the application by reason of default on the part
of the applicant, the Registrar shall in form TM 9A give notice in writing to
the applicant at his trade or business address of the non-completion, but if the
applicant has authorized an agent for the purpose of the application he shall
instead send the notice to the agent and shall send a duplicate thereof to the
applicant.
(2) If after fourteen days from the date when the notice was sent, or such
further time as the Registrar may allow, the registration is not completed, the
application shall be deemed to be abandoned.
(2) The entry of a trade mark in a register shall give the date of
registration, the goods or services in respect of which it is registered together
with the particulars of the trade, business, profession, occupation or other
description of the proprietor, particulars of any undertakings of the proprietor
entered on the form of application, particulars affecting the scope of the
registration or the rights conferred by the registration, and such other particulars
as are prescribed.
(3) In the case of an application which the Registrar accepts only after
the applicant has lodged the written consent to the proposed registration of the
registered proprietor of another trade mark or another applicant for registration,
the entry in the register shall state that it is “By Consent” and shall give the
number of the previous registration or the application for registration.
78 CAP. 506 Trade Marks [Rev. 2009
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Notations indicating 61. A notation in the Register included as a result of a trade mark having
association no longer been associated with another trade mark under section 26 of the Act before that
of any effect. section was repealed is of no effect.
L.N. 146/2003.
Death of applicant 62. In case of the death of any applicant for the registration of a trade mark
before registration. after the date of his application and before the trade mark applied for has been
entered in the register, the Registrar, after the expiration of the prescribed period
of advertisement and the determination of any opposition to the application,
may, on being satisfied of the applicant’s death, enter in the register, in place
of the name of the deceased applicant, the name, address and description of the
person owning the trade mark, on ownership being proved to the satisfaction
of the Registrar.
Certificate of 63. Upon the registration of a trade mark the Registrar shall issue to
registration. the applicant a certificate in form TM 10A, and shall affix thereto a copy of
L.N. 146/2003. the mark.
Renewal
Renewal of 64. (1) At any time not more than ninety days before the expiration of
registration. the last registration of a trade mark, any person may leave at the office a fee
L.N. 146/2003. for the renewal of the registration of the mark in form TM 10, and, if he is not
the registered proprietor, shall sign a statement on the form that he is directed
by the registered proprietor to pay the fee (if such be the case) and shall give
his address.
(2) Before taking any further step, the Registrar may either-
(a) require the person leaving the fee to furnish within ten days an
authority to pay the fee signed by the registered proprietor, and if
he does not furnish that authority may return the fee and treat it as
not received; or
(b) communicate with the registered proprietor stating that the fee
has been received and that the registration will in due course be
renewed.
Notice before 65. At a date not less than thirty days and not more than sixty days before
removal of trade the expiration of the last registration of a mark, if no fee in form TM 10 has
mark from register. been received, the Registrar shall notify the registered proprietor in writing of
L.N. 146/2003. the approaching expiration.
Second notice. 66. At a time not less than fourteen days and not more than thirty days
L.N. 146/2003. before the expiration of the last registration of a mark, the Registrar may, if
no renewal fee has been received, send a notice in writing to the registered
proprietor at his trade or business address as well as at his address for service,
if any.
Advertisement of 67. If at the date of the expiration of the last registration of a mark the
non-payment. renewal fee has not been paid, the Registrar shall advertise the fact forthwith in
the Journal or Kenya Gazette, and, if within one month after that advertisement
Rev. 2009] Trade Marks CAP. 506 79
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the renewal fee in form TM 10, together with the additional prescribed late L.N. 146/2003.
renewal fee, is received, he may renew the registration without removing the
mark from the register.
68. If, at the expiration of thirty days after the advertisement under Removal of trade
rule 67, the fees referred to in that rule have not been paid, the Registrar may mark from Register.
remove the mark from the register as of the date of the expiration of the last L.N. 146/2003.
registration, but he may, upon payment of the renewal fee in form TM 10
together with the additional prescribed restoration fee, restore the mark to the
register if satisfied that it is just to do so, and upon such conditions as he may
think fit to impose.
69. Where a trade mark has been removed from the register, the Registrar Record of removal
shall cause to be entered in the register a record of the removal and of the cause of mark.
thereof.
70. Upon the renewal or restoration and renewal of a registration, a Notice and
notice to that effect shall be sent to the registered proprietor and the renewal or advertisement
restoration and renewal shall be advertised in the Journal or Kenya Gazette. of renewal and
restoration.
L.N. 146/2003.
Assignments and Transmissions
71. A person who becomes entitled by assignment or transmission to a Application for entry
registered trade mark may apply, in form TM 14, to the Registrar to register of assignment or
his title. transmission.
L.N. 146/2003.
73. (1) An application under rule 71 shall contain the name, trade or Particulars to be
business address and description of the person claiming to be entitled and shall stated in application.
be accompanied by a copy of the instrument, if any, under which the person L.N. 146/2003.
claims.
(2) The full names of all the partners in a partnership shall be given in
the body of the application.
(3) The Registrar may in any case require and retain an attested copy of
any instrument produced for inspection in proof of title, but that copy shall not
be open to public inspection.
74. If the person applying for registration of his title does no claim under Case accompanying
any document or instrument which is capable in itself of furnishing proof of application.
his title, he shall, unless the Registrar otherwise directs, either upon or with L.N. 146/2003.
the application, state a case setting forth the full particulars of the facts upon
which his claim to be proprietor of the trade mark is based, and showing that
the trade mark has been assigned or transmitted to him; and if the Registrar so
requires, the case shall be verified by a statutory declaration.
75. The Registrar may call on any person who applies to be registered Proof of title.
as proprietor of a registered trade mark for such proof or additional proof of
80 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
title as he may require for his satisfaction.
and, if both those circumstances subsisted, the applicant shall leave with the
Registrar a copy of the Registrar’s directions to advertise the assignment,
obtained upon application under subsection (7) of section 25 of the Act and
rule 80 of these Rules, and such proof, including copies of advertisements or
otherwise, as the Registrar may require that his directions have been fulfilled;
and if the Registrar is not satisfied that the directions have been fulfilled, he
shall not proceed with the application.
(2) For the purposes of section 32(4) of the Act, the period within
which a corporation may be registered as the subsequent proprietor shall be
six months after the date of advertisement of the registration in the Journal or
Kenya Gazette.
Entry in register. 77. When the Registrar is satisfied as to the title of the person claiming
L.N. 42/1995. to be registered, he shall cause him to be registered as proprietor of the trade
mark in respect of the relevant goods or services, and shall enter in the register
his name, trade or business address and description and particulars of the
assignment or transmission.
Separate 78. Where, pursuant to an application under rule 71, and as the result of a
registrations. division and separation of the goods or services of a registration or a division and
L.N. 42/1995, separation of places or markets, different persons become registered separately
L.N. 146/2003. under the same official number as subsequent proprietors of a trade mark, each
of the resulting separate registrations in the names of those different persons
shall be deemed to be a separate registration for all the purposes of the Act.
Registrar’s certificate 79. (1) Any person who desires to obtain the Registrar’s certificate
of approval as to under subsection (5), or his notification of approval under subsection (6), of
certain assignments section 25 of the Act shall send to the Registrar, with his application in form
and transmissions. TM 39 or 40, as the case may be, a statement of case in duplicate setting out the
L.N. 146/2003. circumstances, and a copy of any instrument or proposed instrument effecting
the assignment or transmission.
(2) The Registrar may call for any evidence or further information that he
may consider necessary, and the statement of case shall be amended if required
to include all the relevant circumstances, and shall if required be verified by a
statutory declaration.
(3) The Registrar, after hearing if so required the applicant and any other
Rev. 2009] Trade Marks CAP. 506 81
[Subsidiary]
person whom the Registrar may consider to be interested in the transfer, shall
consider the matter and issue a certificate thereon or a notification in writing
of approval or disapproval thereof, as the case may be.
(4) Where a statement of case is amended, two fair copies thereof in its
final form shall be left with the Registrar.
(5) The Registrar shall seal a copy of the statement of case in its final
form to the certificate or notification.
80. (1) An application to the Registrar under subsection (7) of section Registrar’s directions
25 of the Act shall be made by the assignee in form TM 41, and shall state the for advertisement of
date on which the assignment was made. assignment without
goodwill of trade
(2) The application shall give particulars of the registration in the case mark in use.
of a registered trade mark, and, in the case of an unregistered trade mark, shall L.N. 146/2003.
show the mark and give particulars of the registered trade mark that has been
assigned therewith in accordance with sub-section (3) of section 25.
(3) The Registrar may call for any evidence or further information, and
if he is satisfied with regard to the various matters he shall issue directions in
writing with respect to the advertisement of the assignment.
Alteration of Address
81. (1) A registered proprietor or registered user of a trade mark whose Alteration of address
trade or business address is changed so that the entry in the register is rendered in register.
incorrect shall forthwith request the Registrar in form TM 17 to make the
appropriate alteration of the address in the register, and the Registrar shall alter
the register accordingly if he is satisfied in the matter.
(5) All applications under this rule in form TM 32 shall be signed by the
registered proprietor or the registered user, as the case may be, or by an agent,
expressly authorized by him for the purpose of such an application, unless in
exceptional circumstances the Registrar otherwise allows.
Application to rectify 82. (1) An application to the Registrar under any of the sections 29, 30,
or remove a trade 35 and 36 of the Act for the making, expunging or varying of any entry in the
mark from the register shall be made in form TM 25 and shall be accompanied by a statement
register. setting out fully the nature of the applicant’s interest, the facts upon which he
L.N. 146/2003. bases his case and the relief which he seeks.
Further procedure. 83. Rules 48 to 57 shall apply with respect to the further proceedings
L.N. 146/2003. relating to an application in form TM 25, with necessary modifications and with
the following specific modifications-
(b) the Registrar shall not rectify the register or remove the mark from
the register merely because the registered proprietor has not filed
a counterstatement.
Intervention by third 84. (1) Any person other than the registered proprietor alleging interest
parties. in a registered trade mark in respect of which an application is made in form
TM 25 may apply to the Registrar in form TM 26 for leave to intervene, stating
thereon the nature of his interest, and the Registrar may refuse or grant leave,
after hearing (if so required) the parties concerned, upon such conditions and
terms as he may deem fit.
(2) Before dealing in any way with the application for leave to intervene
the Registrar may require the applicant to give an undertaking to pay such costs
as in the circumstances he may award to any party.
Rev. 2009] Trade Marks CAP. 506 83
[Subsidiary]
Surrender of a Registered Trade Mark
84A. (1) An application to surrender a registered trade mark under section Application to
36A (1) of the Act shall be made to the Registrar- surrender.
(a) in form TM 21, if the surrender is for all of the goods or services
in respect of which the trade mark is registered; or
(b) in form TM 22, if the surrender is for some of the goods or services
in respect of which the trade mark is registered.
(a) set out the name and address of each person who has a registered
interest in the trade mark; and
(i) has been given notice of the proposed surrender at least ninety
days before the application is made; or
(3) After making the appropriate entries in the Register, the Registrar
shall publish a notice of the surrender in the Journal or Kenya Gazette.
85. (1) An application to the Registrar under subsection (1) of section Application under
37 of the Act for the alteration of the register by correction, or change or for section 37 (1).
the entry of a disclaimer or memorandum, may be made by the registered L.N. 42/1995,
proprietor of the trade mark or by such person as may satisfy the Registrar that L.N. 146/2003.
he is entitled to act in the name of the registered proprietor.
(3) An application under paragraph (c) or (d) of section 37 (1) of the Act
shall be made in accordance with rule 84A.
(4) For greater certainty, form TM 20 may be used to change the name
of the registered proprietor if the registered proprietor merges with another
corporation and the corporation resulting from the merger has a different
name.
86. In the case of an application as in rule 85, the Registrar may require Evidence.
such evidence by statutory declaration or otherwise as he may think fit as to
84 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
the circumstances in which the application is made.
Advertisement of
certain applications. 87. Where application is made in form TM 23 to enter a disclaimer or
L.N. 146/2003. memorandum relating to a trade mark, the Registrar, before deciding upon such
application, shall advertise the application in the Journal or Kenya Gazette in
order to enable any person desiring so to do to state, within thirty days of the
advertisement, any reasons in writing against the making of the entry of the
disclaimer or memorandum.
Certificates of 88. Where the court has certified under section 47 of the Act with regard
validity to be noted. to the validity of a registered trade mark, the registered proprietor thereof may
L.N. 146/2003. request the Registrar in form TM 47 to add to the entry in the register a note
that the certificate of validity has been granted in the course of the proceedings,
which shall be named in the form; an office copy of the certificate shall be sent
with the request, and the Registrar shall so note the register and publish the
note in the Journal or Kenya Gazette.
Alteration of 89. Where a person desires to apply under section 38 of the Act that his
registered mark. registered trade mark may be added to or altered, he shall make his application
L.N. 146/2003. in writing in form TM 24.
Advertisement before 90. (1) The Registrar shall consider the application and shall, if it appears
decision. to him to be expedient, advertise the application in accordance with rule 45 and
L.N. 146/2003. rules 43, 44 and 45A shall apply with necessary modifications.
(2) Any person may, within thirty days after the date of the advertisement
of the application, give notice in form TM 6 to the Registrar of opposition to the
application and rules 47 to 57 shall apply with necessary modifications.
(3) The Registrar shall send the duplicate notice, and the duplicate of any
further statement of objections, to the applicant, and the provisions of rules 48
to 57 shall apply mutatis mutandis to the further proceedings thereon; and in
any case of doubt any party may apply to the Registrar for directions.
Decision of Registrar. 91. If the Registrar decides to allow the application he shall add to or
L.N. 146/2003. alter the mark in the register, and if the mark so added to or altered has not
been advertised under rule 90 he shall advertise it in the Journal or Kenya
Gazette, and in any case shall insert in the Gazette a notification that the mark
has been altered.
94A. (1) An application to the Registrar for registration of a collective Application for
trade mark under section 40A (1) of the Act shall be in form TM 2. registration.
L.N. 146/2003.
(2) These Rules shall apply, with necessary modifications, to an
application for registration of a collective trade mark as they apply to an
application for an ordinary trade mark.
Registered Users
95. An application to the Registrar for the registration under section 31 Application for entry
of the Act of a person as a registered user of a registered trade mark shall be of registered user.
made by that person and the registered proprietor in form TM 48.
96. (1) The entry of a registered user in the register shall state the date Entry and
on which it was made; and in addition to the trade or business address of the notification.
registered user it may include an address for service, if an application by him L.N. 146/2003.
in form TM 32 therefor has been approved.
Application by any 99. An application by any person for the cancellation of the registration
person to cancel of a registered user under paragraph (c) of subsection (8) of section 31 of the
entry. Act shall be made in form TM 51, and shall be accompanied by a statement of
the grounds on which it is made.
Notification and 100. The Registrar shall notify in writing applications under rules 97,
hearing. 98 and 99 to the registered proprietor and each registered user (not being the
L.N. 146/2003. applicant) under the registration of the trade mark.
(3) Any such party may, within such time or times as the Registrar may
appoint, leave evidence in support of his case, and the Registrar, after giving
the parties an opportunity of being heard, may accept or refuse the application
or accept it subject to any conditions, amendments, modifications or limitations
as he may think right to impose.
Registered user’s 101. (1) Applications under subsection (2) of section 37 of the Act shall
application to correct be made in form TM 17, TM 19, TM 20 or TM 32, as may be appropriate, by a
error or enter change. registered user of a trade mark, or by such person as may satisfy the Registrar
L.N. 42/1995, that he is entitled to act in the name of a registered user; and the Registrar may
L.N. 146/2003. require such evidence by statutory declaration or otherwise as he may think fit
as to the circumstances in which the application is made.
(1A) For greater certainty, form TM 20 may be used to apply to change the
name of a registered user if the registered user merges with another corporation
and the corporation resulting from the merger has a different name.
(3) Where some or all of the goods or services are struck out from those
in respect of which a trade mark is registered, the Registrar shall at the same
time strike them out from those specifications of registered users of the trade
mark in which they are comprised.
(4) The Registrar shall notify every cancellation or striking out under
this rule to the registered users whose permitted use is affected thereby and the
registered proprietor of the trade mark.
Extension of Time
Extension of time.
102. (1) The Registrar may extend, on such conditions as he may specify,
Rev. 2009] Trade Marks CAP. 506 87
[Subsidiary]
the time for doing any act or taking any proceedings under these Rules. L.N. 146/2003.
(2) The Registrar may not extend a time expressly provided in the Act,
other than the period prescribed under subsection (6) or (7) of section 25 of
the Act.
(3) A time limit may not be extended for a period exceeding ninety days,
except for a time period prescribed by rule 76 which may be extended for a
period not exceeding six months.
(5) The application shall state the grounds on which the application is
based.
(7) The application shall be dealt with upon such notice, and in accordance
with such procedures, as the Registrar may direct.
Discretionary Power
103. Before exercising adversely to any person any discretionary power Hearing.
given to the Registrar by the Act or these Rules, the Registrar shall, if so required,
hear that person thereon.
104. An application for a hearing shall be made within thirty days from the Application for
date of notification by the Registrar of any objection to an application or the date hearing.
of any other indication that he proposes to exercise a discretionary power. L.N. 146/2003.
105. (1) Upon receiving such application, the Registrar shall give the Notice of hearing
person applying fourteen days’ notice of a time when he may be heard.
(2) Within seven days from the date when the notice would be delivered
in the ordinary course of post, the person applying shall notify the Registrar
whether or not he intends to be heard on the matter, and if he intends to appear
he shall file form TM 8 and pay the prescribed fee thereon.
106. The decision of the Registrar in the exercise of any such discretionary Notification of
power shall be notified to the person affected. decision.
107. Where under these Rules a person is required to do any act or thing, Dispensing with
or to sign any document, or to make any declaration on behalf of himself or of evidence.
any body corporate, or any document or evidence is required to be produced to
or left with the Registrar, or at the office, and it is shown to the satisfaction of the
Registrar that from any reasonable cause that person is unable to do the act or
thing, or to sign the document, or to make the declaration, or that the document
or evidence cannot be produced or left, the Registrar may, upon the production
88 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
of such other evidence, and subject to such terms as he may think fit, dispense
with any such act or thing, signature, declaration, document or evidence.
Amendments
Amendments of 108. (1) Any document or drawing or other representation of a trade mark
documents. may be amended, and any irregularity in procedure which in the opinion of the
L.N. 146/2003. Registrar may be excused without detriment to the interests of any person may
be corrected, if the Registrar thinks fit, and on such terms as he may direct.
Certificates
Certificates by 109. (1) The Registrar may give a certificate, other than a certificate under
Registrar. section 22 of the Act, as to any entry, matter or thing which he is authorized
or required by the Act or these Rules to make or do, upon receipt of a request
therefor in form TM 30 from any person who, if the Registrar thinks fit so to
require, can show an interest in the entry, matter or thing to his satisfaction.
(2) Except in a case falling under rule 111, the Registrar shall not be
obliged to include in the certificate a copy of any mark, unless he is furnished
by the applicant with a copy thereof suitable for the purpose.
Marks registered 110. Where a mark is registered without limitation of colour, the Registrar
without limitation of may grant a certificate of its registration for the purpose of obtaining registration
colour. abroad either in the colour in which it appears upon the register or in any other
colour or colours.
Certificates for use in 111. (1) Where a certificate of registration of a trade mark is issued for
obtaining registration use in obtaining registration abroad, the Registrar shall include in the certificate
abroad. a copy of the mark, and may require the applicant for the certificate to furnish
him with a copy of the mark suitable for the purpose, and if the applicant fails
to do so may refuse to issue the certificate.
(2) The Registrar may state in the certificate such particulars concerning
the registration of the mark as to him seem fit, and may omit therefrom reference
to any disclaimers appearing in the register; but in the last-mentioned case the
certificate shall be marked “For use in obtaining registration abroad only”.
Declarations
Person before whom 112. The statutory declarations required by the Act and these Rules, or
declaration is to be used in any proceedings thereunder, shall be made and subscribed as follows-
taken.
(a) if made in the Commonwealth, before any court, judge or justice
of the peace, or any officer authorized by law to administer an oath
for the purpose of a legal proceeding;
Search
Searches.
114. (1) Any person may request the Registrar to cause a search to be L.N. 42/1995,
made in respect of specified goods and services to ascertain whether any mark L.N. 146/2003.
is on record that resembles a trade mark provided by the person.
(2) The Registrar shall cause such a search to be made and the person
making the request to be informed of the result thereof.
Copies
Copies of documents.
115. A person who wishes to obtain a copy of a document kept by the L.N. 146/2003.
Registrar shall use form TM 54.
117. When a person intends to appeal to the court, the appeal shall be Appeal to court.
made by motion in the usual way, and no such appeal shall be entertained unless
notice of motion is given within sixty days from the date of the decision appealed
against or within such further time as the Registrar shall allow.
Fees
Notes:
92 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary] Description of fee Local Fee Foreign Corresponding
Ksh Fee form.
US$
Addition Of Goods Or Services
Renewal
Registered Users
Conversion Of Old
Classifications
Rev. 2009] Trade Marks CAP. 506 95
[Subsidiary]
Description of fee Local Fee Foreign Corresponding
Ksh Fee form.
US$
Rectification And Correction
Of The Register
96 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
Description of fee Local Fee Foreign Corresponding
Ksh Fee form.
US$
Rev. 2009] Trade Marks CAP. 506 97
[Subsidiary]
Description of fee Local Fee Foreign Corresponding
Ksh Fee form.
US$
29. Application fee for an
application, under r. 89, for
leave to add to or alter a trade
mark under s. 38 of the Act, for
each trade mark TM 24
Costs
Miscellaneous
Rev. 2009] Trade Marks CAP. 506 99
[Subsidiary]
Description of fee Local Fee Foreign Corresponding
Ksh Fee form.
US$
42. Application fee for an
application, under r. 94 (1), for
alteration of deposited
regulations relating to a
certification trade mark TM 34
Forms
FORM TM 1
Appointment Of An Agent
(Rule 14 (2))
I, the person identified above, have appointed the above agent to act on my behalf
in the matter described above, and request that all communications relating
thereto be sent to the agent at his/their address given above.
Signature ……………………………
1. Trade Mark:
Note: One representation of the trade mark must be set out in the above box.
102 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
2. Application is hereby made for registration of the above trade mark as
L.N. 146/2003. (check one):
3. *
Class Goods/Services
5. Proposed proprietor
Name: …………………………………………………………………..
Trade or business address: ……………………………………………..
………………………………………………………………………….
Trading style (if any): ……………………………………………….
*Applicant may use separate sheet where necessary
Date: ……………………………………
Signature: ………………………………
To: The Registrar of Trade Marks.
Rev. 2009] Trade Marks CAP. 506 103
[Subsidiary]
FORM TM 4 Fee
Sh. 60
If the Registrar has made any requirement to which the Applicant does
not object, the Applicant shall comply therewith before the Registrar issues the
ground of his decision. (See rule 34.)
_________
L.N. 146/2003.
FORM TM 6
I, the objector named above, give notice that I oppose the above application.
The following is a statement of the grounds upon which I object:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Date: …………………………….
Signature: ………………………..
To: The Registrar of Trade Marks.
Note: This notice must be filed in duplicate.
FORM TM 7 Fee
Sh. 30
Form Of Counter-statement
I [We] …………………………………………………………………
the applicant[s] for Registration of the above Trade Marks, hereby give notice
that the following are the grounds on which I [we] rely as supporting my [our]
application:
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………................
__________
FORM TM 8 Fee
Sh. 60
(b) (1) Opposition No. ………….. to Application for registration of a (b) Strike out words
Trade Mark No. …………………………………………………………… here that are not
applicable, so as to
(2) Application that the entry in the Register in respect of Trade Mark state ONE of the
No. ……………. may be removed. cases (1) to (5) only.
(3) …………………… may be amended by alteration of or
addition to the Trade Mark.
(4) …………………… may be amended by a conversion
of the specification of goods.
(5) ……………………. may be amended otherwise than by
any change in the mark or of the
specification on conversion.
FORM TM 9A
No. …………………..
The Registrar, as required by section 22 (3) of the Trade Marks Act and
rule 59 of the Trade Marks Rules (copies of which are printed on the back
hereof), has to point out that the registration of the trade mark, in respect of
which your application numbered as above was made on the …………… day
of ……………., 20….., has not been completed by reason of your default.
Unless it is completed within fourteen days from this date the application will
be treated as abandoned.
To ………………………………….
…………………………………
…………………………………
[P.T.O.
[Back]
Section 22 (3)
Where registration of a trade mark is not completed within twelve months
from the date of the application by reason of default on the part of the applicant,
the Registrar may, after giving notice of the non-completion to the applicant in
writing in the prescribed manner, treat the application as abandoned unless it is
completed within the time specified in that behalf in the notice.
Rule 59
(1) Where registration of a trade mark is not completed within twelve
months from the date of the application by reason of default on the part of
the applicant, the Registrar shall in form TM 9A give notice in writing to the
applicant at his trade or business address of the non-completion, but if the
applicant has authorized an agent for the purpose of the application he shall
instead send the notice to the agent and shall send a duplicate thereof to the
applicant.
(2) If after fourteen days from the date when the notice was sent, or such
further time as the Registrar may allow, the registration is not completed, the
application shall be deemed to be abandoned.
Rev. 2009] Trade Marks CAP. 506 107
[Subsidiary]
I, the person described above, leave the prescribed registration fee for
the renewal of the following trade mark:
Trade Mark No. ……………………………………………………………....
Registered proprietor: ………………………………………………………...
………………………………………………………………………...
I am (check one)
not the registered proprietor of the trade mark but have been
directed by the registered proprietor to pay the fee
(rule 63)
Trade Mark:
Registration details:
Part of Register trade mark is registered in: A or B …………………………
Trade Mark No. ………………………………………………………….
Class or classes: …………………………………………………………
Goods/Services: ……………………………………………………….
Registered proprietor: ………………………………………………..
Effective date of registration: ……………………………………….
The trade mark shown above has been registered under the Trade Marks Act.
L.N. 146/2003.
FORM TM 14
(rule 71)
In the matter of Trade Mark No. ………………………………………........
Class: ……………………………………….......................................
(If the trade mark is assigned, the following questions must be answered.)
1. At the time of the assignment, was the trade mark used in a business
in the goods or services to which the trade mark relates?
yes no
2. Was the assignment made otherwise than in connection with the goodwill
of the business described in item 1 above:
yes no
(If the answer to both of questions 1 and 2 above is yes, the applicant is required
to leave the copy and proof required under rule 76 (1).)
Date: ……………………………....
Signature: …………………………
L.N. 146/2003.
FORM TM 17
Date:
………………………………………………………………………………...
Signature: …………………………………………………..............................
This is an application
(specify: ....…………………………………………………)
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………...............
Date: ……………………………………………….........................................
Signature: …………………………………………….....................................
I am
Currently my name and description are shown in the Register in the relation to
the trade mark described above as follows:
…………………………………………………………………………………
…………………………………………………………………………….......
Date: ………………………………………………………………….............
Signature: …………………………………………………………….............
Class: ……………………………………………...........................
I, the proprietor of the trade mark described above, apply to surrender the
trade mark in respect of all the goods or services in respect of which it is
registered.
Names and addresses of persons with a registered interest in the trade mark:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
(i) has been given notice of the proposed surrender at least ninety
days before the application is made; or
Date: ……………………………………………………………....................
Signature: ……………………………………………………........................
Rev. 2009] Trade Marks CAP. 506 113
[Subsidiary]
To: The Registrar of Trade Marks
FORM TM 22
L.N. 146/2003.
Application To Surrender Trade Mark For Some Goods And Services
Class: ………………………………………….
I, the proprietor of the trade mark described above, apply to surrender the trade
mark in respect of the following goods or services:
…………………………………………………………………………………
…………………………………………………………………………………
………………………..…………………………………………………….....
Names and addresses of persons with a registered interest in the trade mark:
…………………………………………………………………………………
……………………………………………………………………………........
………………………………………………………………………………....
(i) has been given notice of the proposed surrender at least ninety
days before the application is made; or
Date: ………………………………………….
Signature: ………………………………………
FORM TM 23
L.N. 146/2003.
Application To Enter Disclaimer Or Memorandum
In Register
(rule 85 (2))
114 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
In the matter of Trade Mark No. ……………………………………………..
………………………………………………………………………….………
………………………………………………………………………………...
Date: ………………………………............
Signature: …………………………............
L.N. 146/2003.
FORM TM 24
(rule 89)
……………………………………........
I request that the trade mark described above be added to or altered in the
following particulars:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Date: ………………………………………...
Signature: ……………………………………
L.N. 146/2003.
FORM TM 25
(If the applicant is not the registered proprietor of the trade mark a copy of
this application and the statement required under rule 82 (1) is required under
rule 82 (2))
Date: …………………………………..
Signature: …………………………….
To: The Registrar of Trade Marks.
116 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
L.N. 146/2003. FORM TM 26
(rule 84 (1))
…………………………………………………....……………………………
Date: ………………………………..
Signature: …………………………..
I hereby request that a search be made in respect of goods and services in the
following classifications:
…………………………………………………………………………………
…………………………………………………………………………………
……………………..………………………………………………………….
to ascertain whether any mark is on record that resembles the trade mark,
duplicate representations of which are attached to this request.
Proposed proprietor
Name: ………………………………………………………………................
…………………………………………………………………………............
I hereby apply for advice as to whether the trade mark appears to the Registrar
prima facie to be inherently adapted to distinguish the goods or services within
the meaning of section 12 of the Act or to be inherently capable of distinguishing
the goods or services within the meaning of section 13 of the Act.
Date: ………………………………….
Signature: …………………………….
Date: ………………………………….
Signature: …………………………….
I request, for the registration or application described above, that the following
be entered as my address for service or that my existing address for service be
altered so that it reads as follows:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Date: ………………………………….
Signature: …………………………….
(rule 94 (1))
Date: ………………………………….
Signature: …………………………….
FORM TM 35 Fee
Sh. 60
…………………………………………………………………………..…….
FORM TM 39 Fee
1st Sch.,
item 8
………………………………….......................................................................
in Class[es] …………………………………………..……………………….
……….………………………………………………………………………..
(a) Here insert the
Application is hereby made by (a) ……………………………..…….. name and trade or
business address
of …………………………………………………………………………...... of the registered
proprietor.
being the Registered Proprietor[s] of the above-numbered registered
Trade Mark[s], for the Registrar’s Certificate under section 25(5) with (b) Here insert the
reference to a proposed assignment of the registered Trade Mark[s] No.[s] name and trade or
…………………………….. to (b) ……………............................................... business address
of the proposed
……………………………………………………………….………….......... assignee.
of …………………………………………………………...............................
FORM TM 40 Fee
1st Sch.,
item 8a
Application For The Approval By The Registrar Under Section 25 (6) And
Rule 79 Of A Proposed Assignment, Or Of A Transmission (On Or After
The Appointed Day), Of A Trade Mark Resulting In Exclusive Rights In
Different Persons For Different Parts Of Kenya
goods …………………………………………………….
(c) Insert here the
names and trade or for approval by the Registrar of a proposed assignment of the Trade
business addresses
of the proposed Mark[s] to (c) …………………………………………………………………
assignee or
…………………………………… of …………………………………..........
assignees.
in respect of the following goods …………………………………….............
(d) Insert the name of
the place in Kenya. to be sold or otherwise traded in in (d) ……………………………….............
of ………………………………………………………………………….......
P. O. Box 30031,
Nairobi.
124 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
FORM TM 41 Fee
1st Sch.,
item 8b
(c) Here insert the (2) Unregistered Trade Marks (d), all being Marks used in his business
name and trade or at the time of the assignment in respect of the goods stated below by (c)………
business address ……………………………................................................................................
of the proprietor of …………………………………...................................................................
(assignor). who is the assignor:
Representation of Mark Goods in respect of which the
(d) Only those (b) Mark has been used and is
unregistered trade assigned
marks passing by
the one assignment The date of assignment was the …………………….................. day of
and used in the ……………......................................……………….., 20 …………….
same business and
for the same goods The instrument effecting the assignment is sent herewith, together with
as those for which a copy thereof.
one or more of the
registered marks may It is suggested that advertisement shall be directed as follows, namely, in
be stated here. ….…………………………………………………………………………....
(rule 7 (2))
I, the proprietor of the trade mark described above, apply to have the
classification of the goods or services in respect of which the trade mark is
registered adapted so that they are classified in accordance with section 6 (2)
of the Act.
Current classification:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Date: ………………………………….
Signature: …………………………….
(rule 7 (6))
Class: ……………………………………………………………….....
…………………………………………………………………………………
…………………………………………………………………………………
I, the objector named above, give notice that I oppose the application for the
adaptation of the classification of the goods or services in respect of which the
trade mark described above is registered.
Date: ………………………………….
Signature: …………………………….
(Rule 119)
…………………………………………………………………………………
Notice is hereby given to the Registrar that, by an Order of the Court made
on the …………………….. day of …………………….., 20 …….................,
it was directed that ……………………………………………………............
…………………………………………………………………………............
…………………………………………………………………………............
…………………………………………………………………………............
____________
FORM TM 47 Fee
1st Sch.,
item 7
(Rule 88)
………….………………………………………………………………...........
FORM TM 49 Fee
1st Sch.,
items 6b, 6c
………………………………………..
………………………………………..
…………………………………………………………………………….......
_________
……………………………………………………………………....................
……………………………………………………………………....................
(c) ………………………………
Extension sought:
Date: ………………………..
Signature: ………………………
Extension granted:
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………....
Date: ……………………………………………………
Rev. 2009] Trade Marks CAP. 506 135
[Subsidiary]
L.N. 146/2003.
FORM TM 54
(rule 115)
I wish to obtain a copy of a document of the following type (tick the relevant
box):
another document
Description of document:
…………………………………………………………………………………
…………………………………………………………………………............
I wish to have the copy of the document certified (tick the relevant box):
yes
no
Date: …………………………………
Signature: ……………………………
Class: …………………………………………………….
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………….………......
Date: …………………………
Signature: ……………………………..
Application of section 65 to Foreign States under subsection (4) of that L.N. 37/1967,
section L.N. 134/1975.
Algeria Madagascar
Argentina Malawi
Australia Malta
Austria Mauritania
Belgium Mexico
Brazil Monaco
Bulgaria Morocco
Cameroon Netherlands
Canada New Zealand
Central African Republic Niger
Chad Nigeria
Congo (Brazzaville) Norway
Cuba Philippines
Cyprus Poland
Czechoslovakia Portugal
Dahomey Rumania
Denmark San Marino
Dominican Republic Senegal
Egypt South Africa
Finland Spain
France Sri Lanka
Gabon Sweden
Germany (Democratic Switzerland
Republic of) Syria
Germany (Federal Republic of) Tanzania
Greece Togo
Haiti Trinidad and Tobago
Holy See Tunisia
Hungary Turkey
Iceland Uganda
Indonesia Union of Soviet Socialist
Iran Republics
Ireland United Kingdom of Great
Israel Britain and Northern
Italy Ireland
Ivory Coast United States of America
Japan Upper Volta
Jordan Uruguay
Laos Vietnam
Lebanon Yugoslavia
Liechtenstein Zaire
Luxembourg Zambia
__________
138 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
ARRANGEMENT OF RULES
Part I – Preliminary
1-Citation.
2-Definitions.
3-Forms.
4-Fees.
5-Institute to be office for Kenya.
6-Application.
7-Examination and forwading by Institute.
8-Application of Part.
9-Initial examination.
10-Applicant’s rights on refusal after initial examination.
11-Opposition.
12-Refusal to be in accordance with treaty, etc.
13-Partial refusal.
14-Supplementary Register.
15-Extracts from Register.
16-Effects of international registration.
17-Application of Part.
18-Application to transform to Kenyan registration.
19-Automatic registration.
20-Continuation of unfinished proceedings.
21-Pending applications.
Schedules
First Schedule-Forms.
Second Schedule-Fees.
Rev. 2009] Trade Marks CAP. 506 139
[Subsidiary]
Part I - Preliminary
Application of part. 8. This Part shall apply with respect to an application for international
registration of a trade mark that requests the extension of protection to
Kenya.
Initial examination. 9. Upon being notified of an application by the International Bureau, the
Institute shall examine the application and either -
(a) notify the International Bureau that protection for the trade mark
is refused if there are grounds for doing so under the applicable
treaty; or
(2) The provisions of the Trade Marks Rules in relation to the Register
maintained thereunder shall, with necessary modifications, apply to the
Supplementary Register maintained under this Rule.
15. (1) Any person may request the Registrar to cause a search to be Extracts from
made in the Supplementary Register maintained under rule 14 in respect of Register.
specified goods or services and may request for extracts thereof or copies of
other documents maintained by the Registrar.
(2) Requests under this rule for a search and for extracts from the
Supplementary Register or copies of other documents, shall be in Forms TM
27 and TM 54 of the Trade Marks Rules respectively.
16. (1) A trade mark that has been internationally registered, the Effects of
protection of which has been extended to Kenya, shall have the same effect and international
enjoy the same protection as specified in section 7 of the Act in relation to trade registration.
marks registered under Part A of the Register maintained under that section.
(2) Paragraph (1) does not apply if protection for the trade mark is refused
under rule 8 (a) or 10 (3) or, if protection is refused with respect to some, but
not all, of the goods or services to which the trade mark relates, paragraph (1)
does not apply with respect to those goods or services.
(3) A trade mark described in paragraph (1) may be -
(a) taken off the Register under section 29 of the Act;
(b) cancelled under section 30(4) of the Act;
(c) expunged or varied under section 35 of the Act; or
144 CAP. 506 Trade Marks [Rev. 2009
[Subsidiary]
FIRST SCHEDULE
(r.3)
FORM TM (International) 1
Rule 14 (2)
THE TRADE MARKS ACT
(Cap. 506)
APPLICATION TO HAVE INTERNATIONAL REGISTRATION
TRANSFORMED INTO KENYAN REGISTRATION
1. Trade Mark:
(One representation of the trade mark shall be set out in the above box)
2. Application is hereby made for the transformation of the
registration of the above trade mark into a Kenyan registration.
3. Classification: ………………………………………......................
Goods/Services: …………………………………….............
Proprietor: ……………………………………………..........
Trade or business address: ……………………………..........
Trading style: …………………………………………..........
4. Additional information where necessary: ……………....................
Date: ………………………………………………….....................
Signature: …………………………........................
To: The Registrar of Trade Marks.
Rev. 2009] Trade Marks CAP. 506 145
[Subsidiary]
SECOND SCHEDULE
(r.4)
FEES